Court of Appeal upholds FTT exceptional circumstances exemption decision (A Taxpayer v The Commissioners for HMRC)
Private Client analysis: On 13 February 2025, the Court of Appeal handed down a judgment in A Taxpayer v The Commissioners for HMRC, an appeal against the Upper Tribunal's decision of 28 July 2023 which concerned the interpretation of the exceptional circumstances exemption (paragraph 22(4) of Schedule 45 Part 1 to the Finance Act 2013(‘para 22(4)’)) in the statutory residence test. The Court of Appeal allowed the appeal and restored the FTT decision, holding that the taxpayer could rely on the exceptional circumstances exemption and was not tax resident in the UK as a result in the relevant tax year. The Upper Tribunal's decision had significantly narrowed the extent to which circumstances might be treated as exceptional for the purposes of the exemption. By overturning it, the Court of Appeal has given taxpayers clarity on their position under the statutory residence test in the event that they are prevented from leaving the UK due to exceptional circumstances. Written by Carol Katz, partner, knowledge lawyer at Mishcon de Reya LLP.